2019 Annual Meeting of the California Tax Bar and California Tax Policy Conference

Registration open

Brief opening remarks

With the stigma of mental health issues slowly being peeled away, it is time for attorneys to have an open dialogue about mental health, substance abuse and how often they go hand-in-hand.

Moderator: Adria Price, Attorney at Law, Price & Associates, LLC

Speaker: Lita Abella, Senior Program Analyst, Lawyer Assistance Program, The State Bar of California

A panel highlighting some key distinctions between federal and California tax laws impacting corporations and pass-through entities with a post tax reform spotlight.

Speakers:

• Kathy Freeman, Kathy Freeman, Deloitte Tax LLP
• Josh Grossman, Tax Principal and California Subject Matter Lead, Grant Thornton LLP
• Brian Myers, National SALT Income Tax Practice Leader, Crowe LLP
• Robert Rubin, Partner, Boutin Jones, Inc.

Tax directors share their perspectives on the latest tax issues impacting their companies.

Moderator: Mike Shaikh, Partner, Baker McKenzie

Speakers:

• Curt Barnett, Senior Director of Tax, BJ’s Restaurants, Inc.
• Mark Hoose, Vice President, Tax & Trade, Intuitive
• John Rucker, Tax Director, Lions Gate Entertainment Corp.
• Traci Snow, Senior Tax Director, Business Transformation, ResMed

Men have an important role and influential voice in furthering diversity and inclusion in the profession. Let’s hear from men about practical approaches that can make a difference.

Moderator: Hon. L. Paige Marvel, Judge, U.S. Tax Court

Speakers:

• Paul DiSangro, Partner, Mayer Brown
• Steven Katz, Partner, Sideman Bancroft LLP
• Brian P. Tsu, Partner, Higgs Fletcher & Mack LLP
• Jared P. Werner, Senior Tax Manager, LevitZacks

Are you interested in learning more about the Tax Section and its Subcommittees? Join and meet with our standing committee leaders to learn about the work of the Tax Section. This is the best place to connect with others! Light refreshments and a signature cocktail will be provided. This is a complimentary event. Please RSVP in advance on your registration form.

Standing Committees to connect with:

• SALT
• Women in Tax
• Corporate & Pass-Through Entities
• Exempt Organizations
• Estate & Gift Tax
• Income & Other
• Young Tax Lawyers
• Tax Policy Procedure & Litigation
• Tax Procedure & Litigation
• International

Connect with conference speakers and government attendees at this opening reception. Enjoy hearty appetizers and participate in fun activities. Don’t miss the excitement! This event is complimentary. Please RSVP on your conference registration form. Thank you to our Opening Night Reception Sponsors: Apheta and UC Irvine Graduate Tax Program.

Registration open

Continental breakfast available

In light of the Paula Trust case and the Kimberly Rice Kaestner 1992 Family Trust case out of North Carolina, where the Supreme Court of the United States (SCOTUS) addressed state fiduciary income taxation for the first time, this issue is becoming a hot topic. Unfortunately, the opinion provides little guidance and many interpret it as very narrow. The panel will focus on both national and California-specific cases and current considerations when dealing with these issues.

Speakers:

• Wendy Abkin, Partner, Morgan, Lewis & Bockius LLP
• Chris Campbell, Principal, Deloitte Tax LLP
• Chris Parker, Senior Manager, Moss Adams LLP
• Sonia Woodruff, Tax Counsel IV, Franchise Tax Board

Overview of disaster losses post-TCJA as well as some best practices for keeping records safe and reconstructing records post loss. This panel will examine the new limitations on when a taxpayer can claim a casualty loss imposed by the TCJA. This panel will also cover casualty loss basics, such as basis rules and how the Code modifies the Cohen rule for disaster zones.

Speakers:

• Kevan McLaughlin, Managing Partner, McLaughlin Legal
• Saba Shatara, Manager, Deloitte Tax LLP
• Joanna L. Trebat, Office of Chief Counsel, Internal Revenue Service, General Attorney, Income Tax & Accounting, Branch 1

Join this panel for a lively discussion of market-based sourcing rules and learn about the regulation project underway to simplify and update the rules. This panel will discuss the practical implementation of the market-based sourcing rules from both a taxpayer and government perspective.

Speakers:

• Tim Gustafson, Partner, Eversheds Sutherland LLP
• Matthew Mock, Partner, Morgan, Lewis & Bockius LLP
• Mike Shaikh, Partner, Baker McKenzie
• Amanda Smith, Tax Counsel III, Franchise Tax Board

It has been five years since the Supreme Court weighed in on the taxation of intangibles when determining assessable values. Yet, the issue keeps popping up in cases across the state. Join our panelists as they discuss this issue, as well as the latest trends and developments in the area of property taxation.

Speakers:

• Greg Broege, Partner, Ajalat, Polley, Ayoob & Matarese
• Richard Moon, Tax Counsel IV, California State Board of Equalization
• Troy Van Dongen, Partner, McDermott Will & Emery

The Final regulations for 199A are lengthy and complicated. This panel will take a deep dive into this new code section by analyzing the examples in the Final Regs.

Speakers:

• Laura L. Buckley, Partner, Higgs Fletcher & Mack LLP
• Wendy Kribell, Office of Chief Counsel, Internal Revenue Service
• Layton L. Pace, Attorney at Law

Audits can be long and strenuous for taxpayers. Focusing on both the Franchise Tax Board and the California Department of Tax and Fee Administration, this panel will discuss how to minimize the stress and uncertainty that comes with an audit. The panelists will discuss communications with tax agencies, handling information and documentation requests, setting a record for the future, and other tips for handling FTB and CDTFA audits.

Speakers:

• Trista Gonzalez, Chief, Tax Policy Division, California Department of Tax and Fee Administration
• William Gorrod, Of Counsel, Morrison & Foerster LLP
• Rick Sanchez, Assistant Director, Franchise Tax Board
• Shirley Wei, Senior Manager, Deloitte Tax LLP

In 1999, Jerry Kasner prepared an outline entitled “Community Property and Estate Planning,” which has been a critical resource for countless California attorneys. Using an updated version of Jerry’s piece, the speaker will review notable developments in California community property law in the last twenty years, since this outline was prepared. The presentation will have a specific emphasis on community property issues affecting estate planning practice and what every practitioner should and needs to know.

Speaker: Andrea Kushner, Director, Bernstein Private Wealth Management

The Conference brings back the always popular and informative discussion with United States Tax Court Judges.

Speakers:

• Hon. Mary Ann Cohen, Judge, U.S. Tax Court
• Hon. Daniel A. Guy, Jr., Judge, U.S. Tax Court
• Hon. L. Paige Marvel, Judge, U.S. Tax Court

Our panel of experts will discuss state trends in economic nexus since the Wayfair decision, including the implications of these trends for businesses and the effect on income taxes and gross receipts taxes.

Speakers:

• Adam Beckerink, Partner, Morgan, Lewis & Bockius LLP
• Randy Ferris, Executive Director, Ernst & Young LLP
• Bradley Heller, Tax Counsel IV, California Department of Tax and Fee Administration
• Alisa Pinarbasi, Tax Counsel, Franchise Tax Board
• Shirley Sicilian, Partner, KPMG LLP

This luncheon showcases the presentation of the prestigious V. Judson Klein Award to Carl Joseph, Partner, Ernst & Young LLP; and the distinguished Joanne M. Garvey Award to Robin Klomparens, Partner, Wagner Kirkman Blaine Klomparens & Youmans LLP. The luncheon program will feature a keynote address by Michael J. Desmond, Chief Counsel of the Internal Revenue Service and Assistant General Counsel in the Department of the Treasury.

Purchase tickets in advance on your Conference registration form. Onsite ticket sales are limited.

The Tax Court, government counsel, a private practitioner, and an appraiser will discuss their views and perspectives on valuation and other disputed transfer tax issues. The panel will cover recent litigation topics in Appeals and Tax Court, such as defined value formulas and what everyone should learn from the most recent valuation case decisions. Due to the number of recent cases involving family entities in the estate and gift tax realm, the panel will also focus on those updates, as well as provide their thoughts in light of the new decisions.

Speakers:

• David Eckstein, Managing Director, Deloitte Transactions and Business Analytics LLP
• Jenny R. Casey, Senior Attorney, Internal Revenue Service, Office of Chief Counsel
• Hon. Mary Ann Cohen, Judge, U.S. Tax Court (Invited)
• John Prokey, Partner, Ramsbacher Prokey Leonard LLP

Qualified Small Business Stock (QSBS) law provides big benefits for owners of businesses of all shapes and sizes. Under section 1202, multiple shareholders can receive a 100% exclusion from gain on sale and a tax-free rollover of gains. This panel will discuss planning opportunities (including estate planning which could allow for the use of the exclusion multiple times over), potential pitfalls, and unanswered questions in search of QSBS benefits.

Speakers:

• Andrea Kushner, Director, Bernstein Private Wealth Management
• Allen B. Walburn, Partner, Higgs Fletcher & Mack LLP

It’s time for our annual check-in with the Office of Tax Appeals (OTA)! It’s been an eventful year, with the publication of over 200 decisions, many of which have been designated precedential. This distinguished panel, comprised of the OTA and private practitioners, will provide updates on OTA’s evolving regulations, new legislation that will impact the agency, and recent decisions of interest. The panel will provide perspectives on their experiences working with the agency and will offer a look into what is on the horizon for OTA in the coming year.

Speakers:

• Myriam Bouaziz, Deputy Director of Legislation, Office of Tax Appeals
• Linda Cheng, Los Angeles Presiding Administrative Law Judge, Office of Tax Appeals
• Sara Hosey, Administrative Law Judge, Office of Tax Appeals
• Shail Shah, Partner, Reed Smith LLP

While estate planners do not handle divorces, clients often turn to them for support and understanding the tax implications can be helpful to every estate planner. Whether it is dependency exemptions, transfers of securities, the family home or retirement plans, spousal support or tax attributes such as loss carryforwards, there are essential tax tips that can assist every practitioner. And, the income tax impact of divorce, in 2019 and beyond, will have far-reaching effects as a result of the elimination of alimony as an income/ deduction item and the post-divorce continued grantor trust status of certain spousal trusts. The speaker will provide advisors with a nuts and bolts check list that will allow any planner to at least understand the key issues now and in the future.

Speaker: George Karibjanian, Member, Franklin Karibjanian & Law PLLC

While the Tax Cut and Jobs Act (TCJA) allows corporations a deduction for certain dividends received from foreign subsidiaries, it expands taxation of income earned by CFCs. Further, the new FDII regime, includes a preferential tax rate for domestic corporations selling, licensing or leasing property to foreign markets. These changes directly affect domestic corporations and closely held companies with operations abroad, as well as foreign investors coming to the United States.

Speakers:

• Justin G. Crouse, Associate, McDermott Will & Emery LLP
• Paul DiSangro, Partner, Mayer Brown
• Steven Hadjilogiou, Partner, McDermott Will & Emery LLP

Both government and businesses continue to see economic development as a means to incentivize new investment in California, which has led to California having a robust economic development framework of credits and incentives. This panel will explore some of the dynamic credits and incentives that are available to businesses and individuals in California who are investing in new employees, equipment and locations, or expanding at a current location. The panel will discuss the mechanics of claiming California credits and incentives, along with documentation and audit considerations. From income tax credits to sales tax exclusions, there are a broad range of credits and incentives available.

Speakers:

• Tom Bertino, Senior Manager, KPMG LLP
• Scott Dosick, Assistant Deputy Director, California Governor’s Office of Business & Economic Development
• Amanda Jacobs, Tax Counsel III, California Department of Tax and Fee Administration
• Jason Riley, Tax Counsel IV, Franchise Tax Board
• Mike Shaikh, Partner, Baker McKenzie

Both men and women must acquire the requisite skills and support to attain a prominent role in the tax profession. However, women seeking influential legal positions may need to overcome conscious and unconscious bias, while attempting to master the characteristics of a successful leader and develop a network to guide them along their way. The speakers will discuss their experiences in developing the legal knowledge, skills and sponsorship required to position themselves as leaders in the tax profession and how those experiences were, or were not, unique as a result of their gender. All conference attendees are welcome to attend the Toast!

Moderator: Betty Williams, Managing Shareholder, Law Offices of Williams & Associates P.C.

Speakers:

• Hon. Mary Ann Cohen, Judge, United States Tax Court
• Kristen Kane, Chief Counsel, Office of Tax Appeals

Join us after hours for dinner with good company, food, and laughs! Listen to Comedian, Al Lubel, while enjoying your meal with other Tax Professionals and Government Officials. You don’t want to miss out on this great event! Onsite ticket sales are limited. We encourage you to purchase your dinner tickets ahead of time.

Come to our late-night event with entertaining activities and excitement!

Your RSVP is required on your conference registration form. Thank you to our casino sponsors, Eversheds Sutherland and Wagner Kirkman Blaine Klomparens & Youmans LLP!

Registration open

Continental breakfast

The presentation will walk the audience through the hidden minefield when dealing with the rules of construction. What do we do when there is an ambiguous document or maybe it is simply void? Learn when extrinsic evidence can be introduced and used. But, most importantly, learn the to-do’s and not-to-do’s and how to avoid unexpected tax issues.

Speaker: Tara Morris, Trust Fiduciary Executive, National Office of Chief Fiduciary for Bank of America Private Bank

This panel will look at some of the issues non-U.S. citizens face with respect to U.S. taxes. It will examine the basics of employing immigrants, filing issues for undocumented clients, different types of visas and their impact on ability to work and the resulting tax issues, as well as advising U.S. citizens who are considering either expatriation or renouncing U.S. citizenship.

Speakers:

• Pedro Corona de la Fuente, Partner, Procopio, Cory, Hargreaves & Savitch LLP
• Carlos Santos, Partner, Hutchinson and Bloodgood LLP
• Tianlin (Laura) Shi, Office of Chief Counsel, Internal Revenue Service, Attorney, International, Branch 1

There has been a flurry as California works on legislation to implement, improve, and respond to federal tax reform on top of an already robust legislative agenda. Legislative tax committee staff and other tax policy professionals will review this year’s legislation, including partnership audit rules, qualified business income under section 199A and more. Panelists will address pending and anticipated California legislative proposals and other states’ legislative policy differences.

Speakers:

• Colin Grinnell, Staff Director, Senate Committee on Governance and Finance
• Shane Hofeling, Assistant Chief Counsel, Franchise Tax Board
• Michele Linton, Chief, Legislative Bureau, California Department of Tax and Fee Administration
• Annette Nellen, Director, MST Program, San Jose State University
• M. David Ruff, Chief Consultant, Assembly Committee on Revenue & Taxation Director

The panel will discuss the current IRS structure for addressing estate and gift tax matters, the scope and nature of IRS exams, recent developments at the IRS and the impact of recent legislation and case law on both sides of the aisle; with a focus on developments in the estate and gift arena.

Speakers:

• James Hogan, Managing Director, Anderson Tax
• Robin Klomparens, Partner, Wagner Kirkman Blaine Klomparens & Youmans LLP
• Lisa M. Piehl, Internal Revenue Service, Small Business/Self Employed, Program Manager, Estate and Gift Tax Policy

This panel will discuss effective written advocacy in the Tax Court, encompassing motions, pretrial memoranda, and post-trial briefs.

Speakers:

• Hon. Mary Ann Cohen, Judge, U.S. Tax Court
• Hon. Daniel A. Guy, Jr., Judge, U.S. Tax Court
• Carolyn Lee, Attorney, Morgan, Lewis & Bockius LLP
• Hon. L. Paige Marvel, Judge, U.S. Tax Court
• Kathryn Meyer, Office of Chief Counsel, Internal Revenue Service

End the controversy before the controversy becomes controversy. This panel consisting of government speakers and practitioners will cover the range of options that taxpayers can take advantage of to nip a future controversy in the bud. The panelists will discuss how to maximize the benefit from advanced rulings, closing agreements, voluntary disclosure agreements, and other pre-controversy tools when dealing with the Franchise Tax Board, the California Department of Tax and Fee Administration and the Board of Equalization.

Speakers:

• Leslie Ang, Tax Counsel III, California Department of Tax and Fee Administration
• Eric Coffill, Senior Counsel, Eversheds Sutherland LLP
• Sarah Garrett, Tax Counsel, California State Board of Equalization
• Benjamin Muilenburg, Partner, PricewaterhouseCoopers LLP
• Raymond Rouse, Assistant Chief Counsel, Franchise Tax Board

Join us to honor the 2019 Benjamin F. Miller Award recipient Annette Nellen, Director, MST Program, San Jose State University.

Keynote speaker: Malia M. Cohen, Chair of the California State Board of Equalization and Member of the Franchise Tax Board.

Purchase tickets in advance on the Conference registration form. Onsite ticket sales are limited.

This panel will present a comprehensive overview of California Revenue and Taxation Code section 25137. The matters discussed will include the background of the statute, its focus and how it is implemented by the Franchise Tax Board. Included will be a consideration of what does, and does not, constitute distortion. The discussion will address appearing before the FTB’s Section 25137 Committee as well as the three-member Franchise Tax Board.

Speakers:

• Lauren Knapp, Senior Manager, Deloitte Tax LLP
• Ligia Machado, Partner, PricewaterhouseCoopers LLP
• Kathy Shin, Tax Counsel IV, Franchise Tax Board
• Jenica C. Wilkins, Senior Manager Indirect Tax – State and Local Tax, Ernst & Young LLP

This program will provide a detailed analysis of the qualified opportunity zones tax-incentive, describe deferral or reduction of capital gains, and outline tax planning strategies associated with opportunity zone funds and businesses in the wake of recent IRS proposed regulations, Rev. Rul. 2018-29, and Form 8996.

Speakers:

• Kelley Miller, Partner, Reed Smith LLP
• Julie A. Treppa, Partner, Farella Braun + Martel

Business owners and officers can find themselves lost in a labyrinth of uncertainty in the sales and use tax world, with the potential for sales and use tax liability lurking around every corner, even for sales that they didn’t make. The panel will address responsible person liability and successor liability. The panel will review the factors that CDTFA evaluates when making a tax assessment for responsible person and successor liability and provide insight into strategies for best preparing a business and its officers for these unexpected circumstances.

Speakers:

• Joseph Boniwell, Tax Counsel, CA Department of Tax and Fee Administration
• Chris Craft, Partner, KPMG LLP
• Fred Marcus, Principal, Horwood Marcus & Berk Chartered

Cannabis business owners should prioritize getting the tax implications right before indulging in their product (if that is their inclination). Learn how to practice ethically and within the law when advising cannabis clients along a spectrum of legal issues. This program begins with entity formation considerations and record-keeping, progressing to tax compliance and audits. Don’t miss the stories about handling cash payments with the IRS and FTB.

Speakers:

• Annette Kunze, Bureau Director, Franchise Tax Board
• Luke Ortner, Office of Chief Counsel, Internal Revenue Service, Attorney, Small Business/Self Employed
• Jeffrey Titus, Law Office of Jeffrey A. Titus

This panel will discuss reporting requirements and penalties relating to International Information returns including Forms 3520 (Foreign Trusts & Gifts), 3520-A (Foreign Grantor Trusts); 5471 (Foreign Corporation Ownership), 8621 (PFIC), 8865 (Foreign Partnerships), and 8938 (Special Foreign Financial Assets).

Speakers:

• Sandra R. Brown, Principal, Hochman Salkin Toscher & Perez P.C.
• Jenny C. Lin, Principal, Lin Tax Law
• Daniel Price, Office of Chief Counsel, Internal Revenue Service, Senior Attorney, Small Business/ Self-Employed
• Jared P. Werner, Senior Tax Manager, LevitZacks

It’s been an eventful year! In 2019, California joined in filing aimici curiae briefs in two significant cases before the U.S. Supreme Court in Taggart v. Lorenzen and North California Dept. of Revenue v. Kaestner, Arizona sought leave from the U.S. Supreme Court to file a complaint against California, and we are looking forward to our annual Hyatt update. The panelists will discuss the Franchise Tax Board (FTB) and California Department of Tax and Fee Administration (CDTFA) cases that should be on your radar, and provide their thoughts on how these cases will influence State tax policy in the future.

Speakers:

• Jeffrey Friedman, Partner, Eversheds Sutherland LLP
• William Hilson, Jr., Deputy Chief Counsel, Franchise Tax Board
• Nicole Johnson, Partner, Morrison & Forrester LLP
• Wendy Vierra, Tax Counsel IV, California Department of Tax and Fee Administration

As our economy becomes more and more global, practitioners are forced to at least be able to spot the critical issues when dealing with foreign assets. It is no longer a matter if the government will find an offshore asset; it is when. This diverse panel will discuss international compliance issues that will allow proper reporting, how to handle the client who has failed to report and what the options are.

Speakers:

• Caroline Ciraolo, Partner, Kostelanetz & Fink, LLP
• Wayne Johnson, Wayne R. Johnson and Associates, PLC
• Kurt Kawafuchi, Law Offices of Kurt Kawafuchi
• Robert Russell, Counsel, Kostelanetz & Fink, LLP
• Victor Song, Victor Song Consulting

Virtual Currency has become more popular for taxpayers and merchants as a means to transfer money locally (or internationally) almost instantly. The Internal Revenue Service treats virtual currency as property for tax purposes and no tax jurisdiction has recognized the non-tangible asset as currency. The Department of Justice’s Tax Division and the IRS Criminal Investigation Division have enforcement programs for those who may be using cryptocurrency for money laundering or other illegal purposes. Learn what all practitioners need to know regarding the tax treatment of cryptocurrency transactions, and current enforcement efforts to thwart criminal activity.

Speakers:

• Nathan Hochman, Partner, Browne George Ross LLP
• Jarod Koopman, Director of Cyber Crime, Internal Revenue Service, Criminal Investigation
• Betty J. Williams, Managing Shareholder, Law Office of Williams & Associates, P.C.

The Chief Counsels of the Franchise Tax Board, the California Department of Tax and Fee Administration, the Board of Equalization, and the Office of Tax Appeals will share administrative and policy updates from their respective agencies. Join this much anticipated session to hear about the past year and what is on the horizon from the Chiefs themselves.

Speakers:

• Jozel Brunett, Chief Counsel, Franchise Tax Board
• Kristen Kane, Chief Counsel, Office of Tax Appeals
• Charles Moll, Partner, McDermott Will & Emery
• Henry Nanjo, Chief Counsel, California State Board of Equalization
• Robert Tucker, Acting Chief Counsel, California Department of Tax and Fee Administration

Stick around to mingle and network with speakers and attendees at this informal gathering. Your RSVP is requested.